The Human Rights Commission is deeply concerned about the lack of scrutiny and rushed process for the COVID-19 Public Health Response Bill. 

“For weeks the Government has known that we would be moving to alert level 2. It has not allowed enough time for careful public democratic consideration of this level 2 legislation. There has been no input from ordinary New Zealanders which is deeply regrettable,” said Chief Human Rights Commissioner Paul Hunt. 

“This is a great failure of our democratic process. The new legislation, if passed in its current state, will result in sweeping police powers unseen in this country for many years.” 

The Human Rights Commission is strongly of the view that the legislation must include a provision to ensure those making decisions, and exercising powers, under the new law, will do so in accordance with national and international human rights commitments and Te Tiriti o Waitangi.  

“Given our concerns expressed to the Attorney General yesterday about the two-year sunset clause in the Bill, we are pleased to see that Parliament will be changing this to 90 days. However, given that the legislation encroaches on the civil liberties of New Zealanders we have serious concerns about whether the powers are proportionate.” 

“In times of national emergency sweeping powers are granted. There is a risk of overreach. Mistakes are made and later regretted. This is precisely when our national and international human rights, and Te Tiriti, commitments must be taken into account.” 

“Human rights can help to ensure all measures are effective, balanced, fair, reasonable, non-discriminatory, proportionate and subject to independent review. If the Government wishes to retain the public’s trust and confidence, it must honour human rights and Te Tiriti.”  

“A process of regular review by Parliament is needed. If passed in its current form, the Bill should be reviewed by select committee at regular terms and the Government should be open to any recommended changes.”  

Mr Hunt said the Bill currently lacks explicit reference to the Government’s international human rights obligations.  

“Discretion is needed that is proportionate to individual circumstances. The Government should ensure that explicit guidance is provided that allows for discretion to be exercised in the use of the Bill’s powers.”

The ACT Party will today oppose the Government’s Public Health Response Bill.

“This law fails to balance the rights and freedoms and overall welfare of all New Zealanders with the Government’s effort to control COVID-19,” says ACT Leader David Seymour.

“I have tried to work constructively with the Government on the legal framework for Alert Level 2, however, they have not taken my concern for the respect of people’s basic rights and freedoms seriously.
“The Government has not made sufficient changes that would allow me to support this Bill.

“The Bill gives the Government the power to create arbitrary rules that impose on people’s lives and curtails personal freedoms, such as through allowing cinemas to open with up to 100 people but barring more than 10 people from attending funerals.

“It allows the Government to single out groups of people and strip them of their basic rights under the guise of public safety.

“The Bill gives the Director General of Health too much power with not enough accountability. I have tried to work constructively to limit the power of the Director General, making a democratically elected Minister the only person with the power to issue long term orders, but the Government voted against that.

“New Zealand First have been silent throughout, when it comes to the crunch we see why Winston Peters has been voted out of three electorates and sacked from three governments, he never does the work.